Marine Mammals; Incidental Take of Polar Bears and Pacific Walruses in the Beaufort Sea and North Slope of Alaska
Key claim: The Fish and Wildlife Service issued final 5-year rules that let Alaska oil and gas companies obtain letters of authorization to incidentally disturb small numbers of polar bears and Pacific walruses while exploring, producing, and transporting oil and gas in the Beaufort Sea and on the North Slope.
Abstract
(Rule · Interior Department, Fish and Wildlife Service) We, the U.S. Fish and Wildlife Service (FWS), in response to a request under the Marine Mammal Protection Act (MMPA) of 1972 from the Alaska Oil and Gas Association (AOGA), finalize regulations facilitating the authorization of incidental, unintentional take of small numbers of polar bears (Ursus maritimus) and Pacific walruses (Odobenus rosmarus divergens) during year-round oil and gas industry activities in the Beaufort Sea (Alaska and the Outer Continental Shelf (OCS)) and adjacent northern coast of Alaska. Take may result from oil and gas exploration, development, production, and transportation activities occurring for a period of 5 years. Oil and gas industry operations include similar types of activities covered by the previous 5-year Beaufort Sea incidental take regulations effective from August 6, 2021, through August 5, 2026. We will issue letters of authorization, upon request, for specific activities in accordance with these regulations.
Why this matters
The rule sets the baseline terms under which Arctic Alaska oil and gas development can proceed without triggering MMPA violations when operations disturb polar bears or Pacific walruses, tying permitting timelines and mitigation requirements for a decade of Beaufort Sea and North Slope activity to FWS-issued letters of authorization. Because polar bears are ESA-listed and walruses are a candidate species, the framework is a recurring flashpoint between industry access and marine mammal and habitat protection.